PART III
Miscellaneous
International supply contracts
26.—(1)  The limits imposed by this Act on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability arising under such a contract as is described in subsection (3).
(2)  The terms of such a contract are not subject to any requirement of reasonableness under section 3 or 4.
(3)  Subject to subsection (4), that description of contract is one whose characteristics are the following:
(a)either it is a contract of sale of goods or it is one under or in pursuance of which the possession or ownership of goods passes; and
(b)it is made by parties whose places of business (or, if they have none, habitual residences) are in the territories of different States.
(4)  A contract falls within subsection (3) only if either —
(a)the goods in question are, at the time of the conclusion of the contract, in the course of carriage, or will be carried, from the territory of one State to the territory of another;
(b)the acts constituting the offer and acceptance have been done in the territories of different States; or
(c)the contract provides for the goods to be delivered to the territory of a State other than that within whose territory those acts were done.
Choice of law clauses
27.—(1)  Where the proper law of a contract is the law of Singapore only by choice of the parties (and apart from that choice would be the law of some country outside Singapore) sections 2 to 7 do not operate as part of the proper law.
(2)  This Act has effect notwithstanding any contract term which applies or purports to apply the law of some country outside Singapore, where (either or both) —
(a)the term appears to the court, or arbitrator or arbiter to have been imposed wholly or mainly for the purpose of enabling the party imposing it to evade the operation of this Act; or
(b)in the making of the contract one of the parties dealt as consumer, and he was then habitually resident in Singapore, and the essential steps necessary for the making of the contract were taken there, whether by him or by others on his behalf.
Provision for sea carriage of passengers
28.—(1)  This section applies to a contract for carriage by sea of a passenger or of a passenger and his luggage.
(2)  A person is not precluded by this Act from excluding or restricting liability for loss or damage in such circumstances and to such extent as may be prescribed by order made by the Minister by reference to a term of the contract so prescribed.
Saving for other relevant legislation
29.—(1)  Nothing in this Act removes or restricts the effect of, or prevents reliance upon, any contractual provision which —
(a)is authorised or required by the express terms or necessary implication of an enactment; or
(b)being made with a view to compliance with an international agreement to which Singapore is a party, does not operate more restrictively than is contemplated by the agreement.
(2)  A contract term is to be taken for the purposes of Part I as satisfying the requirement of reasonableness if it is incorporated or approved by, or incorporated pursuant to a decision or ruling of, a competent authority acting in the exercise of any statutory jurisdiction or function and is not a term in a contract to which the competent authority is itself a party.
(3)  In this section —
“competent authority” means any court, arbitrator or arbiter, Government department or public authority;
“enactment” means any legislation (including subsidiary legislation) of Singapore and any instrument having effect by virtue of such legislation;
“statutory” means conferred by an enactment.
Short title and transitional
30.—(1)  This Act may be cited as the Unfair Contract Terms Act.
(2)  Nothing in this Act applies in relation to a contract made or liability for loss or damage suffered before 12th November 1993 except in so far as it was applicable by virtue of section 5 of the Civil Law Act [Cap. 43] in force before that date.